The Veteran's claim for an earlier effective date for the assignment of a 30 percent rating for left knee disability was denied. The Board found that the increase in disability did not occur prior to August 31, 2011. For TDIU, the Veteran is also denied as he was not precluded from securing or following all forms of substantially gainful employment due to his service-connected disabilities prior to October 11, 2016.
The deciding factor: The effective date for the 30 percent rating for left knee disability could not be earlier than August 31, 2011 as there was no evidence that the Veteran's condition met or approximated the level of severity contemplated by a 30 percent rating for limitation of extension prior to this date.
- Claimed conditions
- Left Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 19, 2019
- Citation
- 19187067
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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